Republic of the Philippines

SUPREME COURT
Manila
EN BANC
G.R. No. 14129
July 31, 1962
PEOPLE OF THE PHILIPPINES, plaintiff-appellant,
vs.
GUILLERMO MANANTAN, defendant-appellee.
Office of the Solicitor General for plaintiff-appellant.
Padilla Law Office for defendant-appellee.
REGALA, J.:
This is an appeal of the Solicitor General from the order of the Court of First Instance of Pangasinan dismissing
the information against the defendant.
The records show that the statement of the case and the facts, as recited in the brief of plaintiff-appellant, is
complete and accurate. The same is, consequently, here adopted, to wit:
In an information filed by the Provincial Fiscal of Pangasinan in the Court of First Instance of that Province,
defendant Guillermo Manantan was charged with a violation Section 54 of the Revised Election Code. A preliminary
investigation conducted by said court resulted in the finding a probable cause that the crime charged as committed by
defendant. Thereafter, the trial started upon defendant's plea of not guilty, the defense moved to dismiss the
information on the ground that as justice of the peace the defendant is one of the officers enumerated in Section 54 of
the Revised Election Code. The lower court denied the motion to dismiss holding that a justice of the peace is within
the purview Section 54. A second motion was filed by defense counsel who cited in support thereof the decision of the
Court of Appeals in People vs. Macaraeg, (CA-G.R. No. 15613-R, 54 Off. Gaz., pp. 1873-76) where it was held that a
justice of the peace is excluded from the prohibition of Section 54 of the Revised Election Code. Acting on this second
motion to dismiss, the answer of the prosecution, the reply of the defense, and the opposition of the prosecution, the
lower court dismissed the information against the accused upon the authority of the ruling in the case cited by the
defense.
Both parties are submitting this case upon the determination of this single question of law: Is a justice the
peace included in the prohibition of Section 54 of the Revised Election Code?
Section 54 of the said Code reads:
No justice, judge, fiscal, treasurer, or assessor of any province, no officer or employee of the Army, no
member of the national, provincial, city, municipal or rural police force and no classified civil service officer or
employee shall aid any candidate, or exert any influence in any manner in a election or take part therein, except to
vote, if entitled thereto, or to preserve public peace, if he is a peace officer.
Defendant-appellee argues that a justice of the peace is not comprehended among the officers enumerated in
Section 54 of the Revised Election Code. He submits the aforecited section was taken from Section 449 of the Revised
Administrative Code, which provided the following:
SEC. 449. Persons prohibited from influencing elections. No judge of the First Instance, justice of the
peace, or treasurer, fiscal or assessor of any province and no officer or employee of the Philippine Constabulary, or any
Bureau or employee of the classified civil service, shall aid any candidate or exert influence in any manner in any
election or take part therein otherwise than exercising the right to vote.
When, therefore, section 54 of the Revised Election Code omitted the words "justice of the peace," the
omission revealed the intention of the Legislature to exclude justices of the peace from its operation.
The above argument overlooks one fundamental fact. It is to be noted that under Section 449 of the Revised
Administrative Code, the word "judge" was modified or qualified by the phrase "of First instance", while under Section
54 of the Revised Election Code, no such modification exists. In other words, justices of the peace were expressly
included in Section 449 of the Revised Administrative Code because the kinds of judges therein were specified, i.e.,
judge of the First Instance and justice of the peace. In Section 54, however, there was no necessity therefore to
include justices of the peace in the enumeration because the legislature had availed itself of the more generic and
broader term, "judge." It was a term not modified by any word or phrase and was intended to comprehend all kinds of

judges, like judges of the courts of First Instance, Judges of the courts of Agrarian Relations, judges of the courts of
Industrial Relations, and justices of the peace.
It is a well known fact that a justice of the peace is sometimes addressed as "judge" in this jurisdiction. It is
because a justice of the peace is indeed a judge. A "judge" is a public officer, who, by virtue of his office, is clothed
with judicial authority (U.S. v. Clark, 25 Fed. Cas. 441, 422). According to Bouvier Law Dictionary, "a judge is a public
officer lawfully appointed to decide litigated questions according to law. In its most extensive sense the term includes
all officers appointed to decide litigated questions while acting in that capacity, including justices of the peace, and
even jurors, it is said, who are judges of facts."
A review of the history of the Revised Election Code will help to justify and clarify the above conclusion.
The first election law in the Philippines was Act 1582 enacted by the Philippine Commission in 1907, and which
was later amended by Act. Nos. 1669, 1709, 1726 and 1768. (Of these 4 amendments, however, only Act No. 1709
has a relation to the discussion of the instant case as shall be shown later.) Act No. 1582, with its subsequent 4
amendments were later on incorporated Chapter 18 of the Administrative Code. Under the Philippine Legislature,
several amendments were made through the passage of Acts Nos. 2310, 3336 and 3387. (Again, of these last 3
amendments, only Act No. 3587 has pertinent to the case at bar as shall be seen later.) During the time of the
Commonwealth, the National Assembly passed Commonwealth Act No. 23 and later on enacted Commonwealth Act
No. 357, which was the law enforced until June 1947, when the Revised Election Code was approved. Included as its
basic provisions are the provisions of Commonwealth Acts Nos. 233, 357, 605, 666, 657. The present Code was
further amended by Republic Acts Nos. 599, 867, 2242 and again, during the session of Congress in 1960, amended
by Rep. Acts Nos. 3036 and 3038. In the history of our election law, the following should be noted:
Under Act 1582, Section 29, it was provided:
No public officer shall offer himself as a candidate for elections, nor shall he be eligible during the time that he
holds said public office to election at any municipal, provincial or Assembly election, except for reelection to the
position which he may be holding, and no judge of the First Instance, justice of the peace, provincial fiscal, or officer
or employee of the Philippine Constabulary or of the Bureau of Education shall aid any candidate or influence in any
manner or take part in any municipal, provincial, or Assembly election under the penalty of being deprived of his office
and being disqualified to hold any public office whatsoever for a term of 5 year: Provide, however, That the foregoing
provisions shall not be construe to deprive any person otherwise qualified of the right to vote it any election."
(Enacted January 9, 1907; Took effect on January 15, 1907.)
Then, in Act 1709, Sec. 6, it was likewise provided:
. . . No judge of the First Instance, Justice of the peace provincial fiscal or officer or employee of the Bureau of
Constabulary or of the Bureau of Education shall aid any candidate or influence in any manner to take part in any
municipal provincial or Assembly election. Any person violating the provisions of this section shall be deprived of his
office or employment and shall be disqualified to hold any public office or employment whatever for a term of 5 years,
Provided, however, that the foregoing provisions shall not be construed to deprive any person otherwise qualified of
the right to vote at any election. (Enacted on August 31, 1907; Took effect on September 15, 1907.)
Again, when the existing election laws were incorporated in the Administrative Code on March 10, 1917, the
provisions in question read:
SEC. 449. Persons prohibited from influencing elections. No judge of the First Instance, justice of the peace,
or treasurer, fiscal or assessor of any province and no officer or employee of the Philippine Constabulary or any Bureau
or employee of the classified civil service, shall aid any candidate or exert influence in any manner in any election or
take part therein otherwise than exercising the right to vote. (Emphasis supplied)
After the Administrative Code, the next pertinent legislation was Act No. 3387. This Act reads:
SEC. 2636. Officers and employees meddling with the election. Any judge of the First Instance, justice of
the peace, treasurer, fiscal or assessor of any province, any officer or employee of the Philippine Constabulary or of
the police of any municipality, or any officer or employee of any Bureau of the classified civil service, who aids any
candidate or violated in any manner the provisions of this section or takes part in any election otherwise by exercising
the right to vote, shall be punished by a fine of not less than P100.00 nor more than P2,000.00, or by imprisonment
for not less than 2 months nor more than 2 years, and in all cases by disqualification from public office and
deprivation of the right of suffrage for a period of 5 years. (Approved December 3, 1927.) (Emphasis supplied.)

Subsequently, however, Commonwealth Act No. 357 was enacted on August 22, 1938. This law provided in
Section 48:
SEC. 48. Active Interventation of Public Officers and Employees. No justice, judge, fiscal, treasurer or
assessor of any province, no officer or employee of the Army, the Constabulary of the national, provincial,
municipal or rural police, and no classified civil service officer or employee shall aid any candidate, nor exert
influence in any manner in any election nor take part therein, except to vote, if entitled thereto, or to preserve
public peace, if he is a peace officer.
This last law was the legislation from which Section 54 of the Revised Election Code was taken.
It will thus be observed from the foregoing narration of the legislative development or history of Section 54 of the
Revised Election Code that the first omission of the word "justice of the peace" was effected in Section 48 of
Commonwealth Act No. 357 and not in the present code as averred by defendant-appellee. Note carefully, however,
that in the two instances when the words "justice of the peace" were omitted (in Com. Act No. 357 and Rep. Act No.
180), the word "judge" which preceded in the enumeration did not carry the qualification "of the First Instance." In
other words, whenever the word "judge" was qualified by the phrase "of the First Instance", the words "justice of the
peace" would follow; however, if the law simply said "judge," the words "justice of the peace" were omitted.
The above-mentioned pattern of congressional phraseology would seem to justify the conclusion that when the
legislature omitted the words "justice of the peace" in Rep. Act No. 180, it did not intend to exempt the said officer
from its operation. Rather, it had considered the said officer as already comprehended in the broader term "judge".
It is unfortunate and regrettable that the last World War had destroyed congressional records which might have
offered some explanation of the discussion of Com. Act No. 357 which legislation, as indicated above, has eliminated
for the first time the words "justice of the peace." Having been completely destroyed, all efforts to seek deeper and
additional clarifications from these records proved futile. Nevertheless, the conclusions drawn from the historical
background of Rep. Act No. 180 is sufficiently borne out by reason hid equity.
Defendant further argues that he cannot possibly be among the officers enumerated in Section 54 inasmuch as under
that said section, the word "judge" is modified or qualified by the phrase "of any province." The last mentioned
phrase, defendant submits, cannot then refer to a justice of the peace since the latter is not an officer of a province
but of a municipality.
Defendant's argument in that respect is too strained. If it is true that the phrase "of any province" necessarily
removes justices of the peace from the enumeration for the reason that they are municipal and not provincial officials,
then the same thing may be said of the Justices of the Supreme Court and of the Court of Appeals. They are national
officials. Yet, can there be any doubt that Justices of the Supreme Court and of the Court of Appeals are not included
in the prohibition? The more sensible and logical interpretation of the said phrase is that it qualifies fiscals, treasurers
and assessors who are generally known as provincial officers.
The rule of "casus omisus pro omisso habendus est" is likewise invoked by the defendant-appellee. Under the said
rule, a person, object or thing omitted from an enumeration must be held to have been omitted intentionally. If that
rule is applicable to the present, then indeed, justices of the peace must be held to have been intentionally and
deliberately exempted from the operation of Section 54 of the Revised Election Code.
The rule has no applicability to the case at bar. The maxim "casus omisus" can operate and apply only if and when
the omission has been clearly established. In the case under consideration, it has already been shown that the
legislature did not exclude or omit justices of the peace from the enumeration of officers precluded from engaging in
partisan political activities. Rather, they were merely called by another term. In the new law, or Section 54 of the
Revised Election Code, justices of the peace were just called "judges."
In insisting on the application of the rule of "casus omisus" to this case, defendant-appellee cites authorities to the
effect that the said rule, being restrictive in nature, has more particular application to statutes that should be strictly
construed. It is pointed out that Section 54 must be strictly construed against the government since proceedings
under it are criminal in nature and the jurisprudence is settled that penal statutes should be strictly interpreted
against the state.
Amplifying on the above argument regarding strict interpretation of penal statutes, defendant asserts that the spirit of
fair play and due process demand such strict construction in order to give "fair warning of what the law intends to do,
if a certain line is passed, in language that the common world will understand." (Justice Holmes, in McBoyle v. U.S.,
283 U.S. 25, L. Ed. 816).

The application of the rule of "casus omisus" does not proceed from the mere fact that a case is criminal in nature,
but rather from a reasonable certainty that a particular person, object or thing has been omitted from a legislative
enumeration. In the present case, and for reasons already mentioned, there has been no such omission. There has
only been a substitution of terms.
The rule that penal statutes are given a strict construction is not the only factor controlling the interpretation of such
laws; instead, the rule merely serves as an additional, single factor to be considered as an aid in determining the
meaning of penal laws. This has been recognized time and again by decisions of various courts. (3 Sutherland,
Statutory Construction, p. 56.) Thus, cases will frequently be found enunciating the principle that the intent of the
legislature will govern (U.S. vs. Corbet, 215 U.S. 233). It is to be noted that a strict construction should not be
permitted to defeat the policy and purposes of the statute (Ash Sheep Co. v. U.S., 252 U.S. 159). The court may
consider the spirit and reason of a statute, as in this particular instance, where a literal meaning would lead to
absurdity, contradiction, injustice, or would defeat the clear purpose of the law makers (Crawford, Interpretation of
Laws, Sec. 78, p. 294). A Federal District court in the U.S. has well said:
The strict construction of a criminal statute does not mean such construction of it as to deprive it of the
meaning intended. Penal statutes must be construed in the sense which best harmonizes with their intent and
purpose. (U.S. v. Betteridge 43 F. Supp. 53, 56, cited in 3 Sutherland Statutory Construction 56.)
As well stated by the Supreme Court of the United States, the language of criminal statutes, frequently, has been
narrowed where the letter includes situations inconsistent with the legislative plan (U.S. v. Katz, 271 U.S. 354; See
also Ernest Brunchen, Interpretation of the Written Law (1915) 25 Yale L.J. 129.)
Another reason in support of the conclusion reached herein is the fact that the purpose of the statute is to enlarge the
officers within its purview. Justices of the Supreme Court, the Court of Appeals, and various judges, such as the
judges of the Court of Industrial Relations, judges of the Court of Agrarian Relations, etc., who were not included in
the prohibition under the old statute, are now within its encompass. If such were the evident purpose, can the
legislature intend to eliminate the justice of the peace within its orbit? Certainly not. This point is fully explained in the
brief of the Solicitor General, to wit:
On the other hand, when the legislature eliminated the phrases "Judge of First Instance" and justice of the
peace", found in Section 449 of the Revised Administrative Code, and used "judge" in lieu thereof, the obvious
intention was to include in the scope of the term not just one class of judges but all judges, whether of first
Instance justices of the peace or special courts, such as judges of the Court of Industrial Relations. . . . .
The weakest link in our judicial system is the justice of the peace court, and to so construe the law as to allow
a judge thereof to engage in partisan political activities would weaken rather than strengthen the judiciary. On
the other hand, there are cogent reasons found in the Revised Election Code itself why justices of the peace
should be prohibited from electioneering. Along with Justices of the appellate courts and judges of the Court of
First Instance, they are given authority and jurisdiction over certain election cases (See Secs. 103, 104, 117123). Justices of the peace are authorized to hear and decided inclusion and exclusion cases, and if they are
permitted to campaign for candidates for an elective office the impartiality of their decisions in election cases
would be open to serious doubt. We do not believe that the legislature had, in Section 54 of the Revised
Election Code, intended to create such an unfortunate situation. (pp. 708, Appellant's Brief.)
Another factor which fortifies the conclusion reached herein is the fact that the administrative or executive department
has regarded justices of the peace within the purview of Section 54 of the Revised Election Code.
In Tranquilino O. Calo, Jr. v. The Executive Secretary, the Secretary of Justice, etc. (G.R. No. L-12601), this Court did
not give due course to the petition for certiorari and prohibition with preliminary injunction against the respondents,
for not setting aside, among others, Administrative Order No. 237, dated March 31, 1957, of the President of the
Philippines, dismissing the petitioner as justice of the peace of Carmen, Agusan. It is worthy of note that one of the
causes of the separation of the petitioner was the fact that he was found guilty in engaging in electioneering, contrary
to the provisions of the Election Code.
Defendant-appellee calls the attention of this Court to House Bill No. 2676, which was filed on January 25, 1955. In
that proposed legislation, under Section 56, justices of the peace are already expressly included among the officers
enjoined from active political participation. The argument is that with the filing of the said House Bill, Congress
impliedly acknowledged that existing laws do not prohibit justices of the peace from partisan political activities.
The argument is unacceptable. To begin with, House Bill No. 2676 was a proposed amendment to Rep. Act No. 180 as
a whole and not merely to section 54 of said Rep. Act No. 180. In other words, House Bill No. 2676 was a proposed

re-codification of the existing election laws at the time that it was filed. Besides, the proposed amendment, until it has
become a law, cannot be considered to contain or manifest any legislative intent. If the motives, opinions, and the
reasons expressed by the individual members of the legislature even in debates, cannot be properly taken into
consideration in ascertaining the meaning of a statute (Crawford, Statutory Construction, Sec. 213, pp. 375-376),
a fortiori what weight can We give to a mere draft of a bill.
On law reason and public policy, defendant-appellee's contention that justices of the peace are not covered by the
injunction of Section 54 must be rejected. To accept it is to render ineffective a policy so clearly and emphatically laid
down by the legislature.
Our law-making body has consistently prohibited justices of the peace from participating in partisan politics. They
were prohibited under the old Election Law since 1907 (Act No. 1582 and Act No. 1709). Likewise, they were so
enjoined by the Revised Administrative Code. Another which expressed the prohibition to them was Act No. 3387, and
later, Com. Act No. 357.
Lastly, it is observed that both the Court of Appeals and the trial court applied the rule of "expressio unius, est
exclusion alterius" in arriving at the conclusion that justices of the peace are not covered by Section 54. Said the
Court of Appeals: "Anyway, guided by the rule of exclusion, otherwise known as expressio unius est exclusion alterius,
it would not be beyond reason to infer that there was an intention of omitting the term "justice of the peace from
Section 54 of the Revised Election Code. . . ."
The rule has no application. If the legislature had intended to exclude a justice of the peace from the purview of
Section 54, neither the trial court nor the Court of Appeals has given the reason for the exclusion. Indeed, there
appears no reason for the alleged change. Hence, the rule of expressio unius est exclusion alterius has been
erroneously applied. (Appellant's Brief, p. 6.)
Where a statute appears on its face to limit the operation of its provisions to particular persons or things by
enumerating them, but no reason exists why other persons or things not so enumerated should not have been
included, and manifest injustice will follow by not so including them, the maxim expressio unius est exclusion
alterius, should not be invoked. (Blevins v. Mullally 135 p. 307, 22 Cal. App. 519.) .
FOR THE ABOVE REASONS, the order of dismissal entered by the trial court should be set aside and this case is
remanded for trial on the merits.
Bengzon, C.J., Bautista Angelo, Labrador, Concepcion, Barrera and Makalintal, JJ., concur.
Padilla and Dizon, JJ., took no part.
Reyes, J.B.L., J., is on leave.

Republic of the Philippines

SUPREME COURT
Manila
EN BANC
(In case kailanganin)
G.R. No. L-14129
PEOPLE OF THE PHILIPPINES, plaintiff-appellant,
vs.
GUILLERMO MANANTAN, defendant-appellee.
Office of the Solicitor General for plaintiff-appellant.
Padilla Law Office for defendant-appellee.

August 30, 1962

RESOLUTION
REGALA, J.:
This resolution refers to a motion for reconsideration filed by the counsel for defendant-appellee, Guillermo
Manantan.

Defendant-appellee does not dispute the correctness of this Court's ruling in the main case. He concedes that
a justice of the peace is covered by the prohibition of Section 54, Revised Election Code. However, he takes exception
to the dispositive portion of this Court's ruling promulgated on July 31, 1962, which reads:
For the above reasons, the order of dismissal entered by the trial court should be set aside and this case is
remanded for trial on the merits.
It is now urged by the defendant-appellee that the ultimate effect of remanding the case to the lower court for
trial on the merits is to place him twice in jeopardy of being tried for the same offense. He calls the attention of this
Court to the fact that when the charge against him was dismissed by the lower court, jeopardy had already attached
to his person. To support his claim, he cites the case of People vs. Labatete, G.R. No. L-12917, April 27, 1960.
Defendant-appellee's plea of double jeopardy should be rejected. The accused cannot now invoke the defense
of double jeopardy. When the government appealed to this Court the order of dismissal, defendant Manantan could
have raised that issue by way of resisting the appeal of the state. Then again, when defendant-appellee filed his brief,
he could have argued therein his present plea of double jeopardy. Yet, on neither occasion did he do so. He must,
therefore, be deemed to have waived his constitutional right thereunder. This is in accord with this Court's ruling in
the cases of People vs. Rosalina Casiano, G.R. No. L-15309, February 16, 1961 and People vs. Pinuila, G.R. No. L11374, May 30, 1958, hereunder quoted:
. . . defendant herein has filed a brief in which she limited herself to a discussion of the merits of the appeal.
Thus, she not only failed to question, in her brief, either expressly or impliedly, the right of the prosecution to
interpose the present appeal, but also, conceded in effect the existence of such right. She should be deemed,
therefore, to have waived her aforementioned constitutional immunity.1wph1.t
It is true that in People vs. Hernandez (49 O.G. 5342), People vs. Ferrer, L-9072 (October 23, 1956),People
vs. Bao, L-12102 (September 29, 1959) and People vs. Golez, L-14160, we dismissed the appeal taken by the
Government from a decision or order of a lower court, despite defendant's failure to object thereto. However, the
defendants in those cases, unlike the defendant herein, did not file any brief. Hence, they had performed no
affirmative act from which a waiver could be implied. (People vs. Casiano, supra).
In his appeal brief, appellant's counsel does not raise this question of double jeopardy, confining himself as he
does, to the discussion of the evidence in the record, contending that the guilt of the appellant has not been proven
beyond reasonable doubt. One aspect of this case as regards double jeopardy is that defense may be waived, and,
that failure to urge it in the appeal may be regarded as a waiver of said defense of double jeopardy .(People vs.
Pinuila, supra).
There are other grounds raised by the defendant-appellee in this motion for reconsideration. The Court,
however, does not believe that they were well taken.
FOR THE ABOVE REASONS, the motion for reconsideration filed in this case, is, as it is hereby, denied.
Bengzon, C.J., Padilla, Bautista Angelo, Labrador, Concepcion, Reyes, J.B.L., Barrera, Paredes, Dizon and Makalintal,
JJ., concur.